Lex lacunae : the merging laws of war and human rights in counterinsurgency
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Valparaiso University law review, Vol. 46, no. 3, spring 2012, p. 803-842
Iain D. Pedden
This article first examines the historical underpinnings and evolution of the laws of war and human rights. The expansion of human rights norms into armed conflict is viewed through the lens of counterinsurgency, arguing that current operations in Afghanistan have set a baseline of state practice, which may ripen into customary law. The last part takes note of recent presidential action, which may cement this transference of human rights norms in armed conflict, and proposes domestic and international approaches toward reconciling these two competing branches of the law.